16 U.S.C. § 396a — Lease of lands to native Hawaiians, residence requirements; fishing

submitted 88 years ago by ch. 530 to r/title-16-CONSERVATION · 172 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior may lease home-site land in the Kalapana extension to native Hawaiians. Occupants must live there at least six months a year, and the leases can't block access to historic or scenic sites. Fishing there is limited to native Hawaiian residents, nearby villagers, and their guided visitors.

(a) The Secretary of the Interior may lease land in the Kalapana extension — land described in section 391b of this title — to native Hawaiians for home sites, under rules the Secretary sets. The Secretary must first determine the land is suitable for home sites. The leased land cannot block or prevent free access to any site of historic, scientific, or scenic interest, and it cannot interfere with protecting and preserving that area as part of Hawaii National Park. People who lease home sites must live on the land at least six months out of every year. Fishing in the area is only allowed for native Hawaiian residents of that area or of nearby villages, and for visitors accompanied by them. (b) In this section, "native Hawaiian" means anyone who is at least half-Hawaiian by blood, tracing back to the peoples who lived in the Hawaiian Islands before 1778.

the actual law source: uscode.house.gov ↗public domain

(a)

The Secretary of the Interior is authorized to lease, under such rules and regulations as he may deem proper, land ascertained by him to be suitable for home site purposes in the Kalapana extension as described in section 391b of this title, to native Hawaiians when such occupancy does not encroach on or prevent free access to any points of historic, scientific, or scenic interest or in any manner obstruct or interfere with protection and preservation of said area as a part of the Hawaii National Park: Provided, however, That occupants of homesites shall reside on the land not less than six months in any one year: And provided further, That fishing shall be permitted in said area only by native Hawaiian residents of said area or of adjacent villages and by visitors under their guidance.

(b)

The term “native Hawaiian”, as used in this section, means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778.

Source credit: (June 20, 1938, ch. 530, § 3, 52 Stat. 784.)

history & why it existsrecord from the source credit

1938Enacted · Act of June 20, 1938, ch. 530 · 52 Stat. 784

A history note hasn’t been published yet. The record shows enactment by ch. 530 on 1938-06-20.

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